senate Bill S6868

2013-2014 Legislative Session

Relates to assisting and protecting victims of domestic violence, child abuse and child neglect

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Archive: Last Bill Status -

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 21, 2014 referred to children and families

S6868 - Details

See Assembly Version of this Bill:
Law Section:
Social Services Law
Laws Affected:
Amd §422, Soc Serv L; amd §160.55, CP L; add §4549, CPLR

S6868 - Summary

Relates to assisting and protecting victims of domestic violence, child abuse and child neglect.

S6868 - Sponsor Memo

S6868 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K


                            I N  S E N A T E

                             March 21, 2014

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the social services law, the criminal procedure law  and
  the  civil  practice  law  and  rules,  in  relation  to assisting and
  protecting victims of domestic violence, child abuse and child neglect


  Section  1.  Legislative  intent.  Presently,  a  person  convicted of
harassment, which is only a violation under the  penal  law,  enjoys  an
automatic  seal on his or her criminal record. Harassment often includes
matters of domestic violence.  In  subsequent  proceedings  between  the
victim  of  the  violence and the convicted aggressor, the record of the
criminal court, the police arrest and investigation, and the aggressor's
conviction, admissions or orders of protection in  the  criminal  matter
are  not  available  to  the  victim to prove that the domestic violence
occurred; making it difficult for  the  victim  to  protect  himself  or
herself  against further aggression or obtain justice in family court or
other civil proceedings. This act will  allow  the  victim  or  victim's
representative  to  obtain  a judicial subpoena releasing such record to
the family or supreme court.
  Likewise, where an investigation by child protective  services  "indi-
cates" the abuse or neglect of a child, the state law allows the subject
of the report the ability to amend the report to "unfounded" without any
notice  or  opportunity  to  object  to the amendment being given to the
victim of the abuse or  neglect.  As  a  result,  if  amended,  even  by
default,  the victim or co-parent cannot access the record of the inves-
tigation in subsequent family or supreme court  proceedings.    Further,
the person previously "indicated" can use the amended report as a weapon
against  the  opposing party to show that their allegation, or belief in
the allegation, was frivolous. Even where  the  "indicated"  finding  is
properly amended to "unfounded," and the accused was frivolously victim-
ized  by  the  allegations  of  their  opposing party, the reporting law
shields the  identity  of  the  false  reporter.  This  act,  therefore,
protects  the victims of child abuse, child neglect and wrongful accusa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.


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